Bernheim Distilling Co. v. Elmore
California Court of Appeal
APPEAL from a judgment of the Superior Court of Santa Clara County, and from an order denying a new trial. John E. Bicharás, Judge. The facts are stated in the opinion of the court.
1Opinion of the CourtCooper, P. J.
The only question attempted to be raised in this ease is that plaintiff was a foreign corporation, and that prior to the commencement of the action it had not filed in the office of the Secretary of State a certified copy of its articles of incorporation and also a designation of some person residing within the state upon whom process might be served, as required by the provisions of the Civil Code.
The failure to allege this compliance with the requirements of the code was not a failure to allege a cause of action, and therefore was not a ground of demurrer. (South Yuba Water Co. v. Rosa, 80…
2Cases cited2 opinions
- California Savings & Loan Society v. HarrisCalifornia Supreme Court · 1896
- South Yuba Water & Mining Co. v. RosaCalifornia Supreme Court · 1889
3Cited by7 opinions
- Wilson v. MatteiCalifornia Court of Appeal · 1927
- H. D. Haley & Co. v. McVayCalifornia Court of Appeal · 1924
- Kehrlein-Swinerton Construction Co. v. RapkenCalifornia Court of Appeal · 1916
- Reed & Co. v. HarshallCalifornia Court of Appeal · 1910
- Scott v. Day-Bristol Consolidated Mining Co.Nevada Supreme Court · 1914
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